Sri Alwin Rajeev v. M/S Commercial Chits Corporation (In Liqn)

HONOURABLE SRI JUSTICE RAJA ELANGO COMPANY APPLICATOIN No.418 of 2017 IN COMPANY PETITION No.103 OF 2008 ORDER:

This Company Application is filed by the petitioner with a prayer to declare the conditions imposed by the Official Liquidator upon the petitioner under Form No.70 under Rule 163 to produce legal heir certificate or succession certificate from a court of law, as illegal and arbitrary, and consequently, direct the official liquidator to release the amount deposited under fixed deposit receipts by the petitioner's mother forthwith, without insisting for production of the legal heir certificate or succession certificate.

Heard and perused the record.

The grievance of the petitioner is that he could not able to get the legal heir certificate or succession certificate since his parents are Christians and he is also professing Christianity, and he is ready and willing to execute an indemnity bond to the extent of the amount that was deposited with the respondent by his mother. Considering the facts and circumstances of the case and the grievance of the petitioner, the Official Liquidator is directed to release the amount, which was deposited under two fixed deposit receipts by the mother of the petitioner in the respondent corporation, on petitioner executing indemnity bond for the said amount. Accordingly, the Company Application is ordered. ______________ RAJA ELANGO, J March 09, 2017 KTL